SUPREME COURT ACT 1986
Table of Provisions
PART 1--PRELIMINARY
- 1 Purpose
- 2 Commencement
- 3 Definitions
- 4 Abolition of distinction between court and chambers
- 5 Criminal procedure
PART 2--SITTINGS, POWERS AND PROCEDURES
Division 1--Sittings
- 6 Where Court to be held
- 7 Time and place of sitting
- 9A Robing of Judges
- 9B Titles of Associate Judges
- 9C Titles of judicial registrars
Division 2--Court of Appeal[8]
- 10 Jurisdiction and powers
- 11 Way in which Court of Appeal may be constituted
- 12 Opinions equally divided
- 13 Judges not to sit on appeal from their own judgments
- 13A When additional Trial Division Judge must not sit on hearing of new trial
- 14 Power of Court of Appeal on civil appeals
- 14A Leave to appeal required for civil appeals
- 14B Commencing a civil appeal
- 14C Appeal must have real prospect of success
- 14D Determination of application for leave to appeal
- 15 Constitution of Court if one Judge of Appeal unable to continue
- 16 Arrangement of business of Court of Appeal
Division 2A--Trial Division[9]
- 17 Business to be disposed of by Trial Division constituted by a Judge of the Court or by an Associate Judge
- 17AA Business may be disposed of by judicial registrars if Rules so permit
- 17A Restriction on appeals
- 17B Reference of matters to Court of Appeal
Division 2B--Costs Court
- 17C Costs Court established
- 17D Powers and functions of Costs Court
- 17E Chief Justice to allocate Associate Judges as Costs Judges
- 17EA Chief Justice may assign judicial registrars to Costs Court
- 17F Costs Judge may direct judicial registrars and costs registrars
- 17G Powers and functions of costs registrar
- 17GA Powers and functions of judicial registrar in Costs Court
- 17H Review of costs registrar's determination by judicial registrar
- 17HA Review of judicial registrar's determination by Costs Judge
- 17I Appeals
- 17J Costs in proceedings in another court or VCAT
- 17K Transfer of file
Division 3--Powers
- 20 Offence to publish certain information concerning proceedings
- 20A Power to act in cases relating to rates and taxes[10]
- 22 Execution of instruments by order of Court
- 23 Attachment of earnings
- 24 Costs to be in the discretion of Court
- 24A Mediation[11]
- 24B Court may issue or transmit court documents electronically
Division 3B--Immunities and protections
- 24D Immunity and protection of Judge of Court extends to administrative functions
- 24E Immunity and protection of Associate Judges
- 24F Immunity and protection of specified court officers
- 24G Protection of assessors
Division 4--Court Rules
- 25 Power to make Rules[12]
- 26 Manner of making Rules
- 27 Disallowance of Rules
- 27A Protection of special referees, mediators and arbitrators
Division 5--Council of Judges
- 28 Council of Judges
Division 5A--Powers of Chief Justice
- 28AAA Administrative responsibility of Chief Justice
Division 6--Professional development and training
- 28A Professional development and training
PART 3--CONCURRENT ADMINISTRATION OF LAW AND EQUITY
- 29 Law and equity to be concurrently administered
- 30 Power to stay proceedings
PART 4--INFERIOR COURTS
- 31 Power of inferior courts with equity jurisdiction
- 32 Transfer of proceeding from inferior court
- 33 Rules of law to apply to inferior courts
PART 4A--GROUP PROCEEDING
Division 1--Preliminary
Division 2--Commencement of group proceeding
- 33C Commencement of proceeding
- 33D Standing
- 33E Consent of group member
- 33F Persons under disability
- 33G Group proceeding not to be commenced in certain circumstances
- 33H Originating process
- 33J Right of group member to opt out
- 33K Causes of action accruing after commencement
- 33KA Court powers concerning group membership
- 33L Fewer than seven group members
- 33M Distribution costs excessive
- 33N Proceeding not to continue under this Part
- 33P Consequences of proceeding not continuing under this Part
- 33Q Where not all questions common
- 33R Individual questions
- 33S Directions for further proceedings
- 33T Adequacy of representation
- 33U Stay of execution
- 33V Settlement and discontinuance
- 33W Settlement of individual claim
Division 3--Notices
- 33X When notice to be given
- 33Y Notices under section 33X
Division 4--Judgment, etc.
Division 5--Appeals
- 33ZC Appeals
Division 6--Miscellaneous
- 33ZD Costs
- 33ZDA Group costs orders
- 33ZE Suspension of limitation periods
- 33ZF General power of court to make orders
- 33ZG Order may specify a date by which group members must take a step
- 33ZH Order in event of decision or admission on liability
- 33ZJ Reimbursement of plaintiff's costs
- 33ZK Transitional provisions
PART 5--MISCELLANEOUS RULES OF LAW
Division 1--General
- 36 Declaratory judgments
- 37 Injunctions and receivers
- 38 Damages in addition to or in place of other remedies
- 39 Foreign law
- 40 Crown payments to be subject to attachment
- 41 Failure to prosecute not a bar to civil remedy
- 42 Property available to satisfy judgment debt
- 43 Standard time in Victoria
- 44 Meaning of month in documents
Division 2--Vessels
- 45 Rule as to division of liability for damage or loss
- 46 Liability for loss of life or personal injuries
- 47 Right of contribution
Division 3--Fires
- 48 Proceeding does not lie against person on whose land fire accidentally begins
Division 4--Contracts of minors
- 49 Certain contracts by minors to be void
- 50 No proceeding to be brought on ratification of minor's contract
- 51 Avoiding contract for payment of loan advanced during minority
Division 4A--Administration of children's funds
Division 5--Sureties, co-contractors and co-debtors
- 52 Surety discharging liability to be entitled to securities
Division 6--Apportionment
- 53 Definitions
- 54 Rents etc. to accrue from day to day and be apportionable
- 55 Time when apportioned part is to be payable
- 56 Recovery of apportioned parts
Division 7--Interest
- 57 Any interest may be contracted to be paid
- 58 Interest to be allowed when debts or sums certain recovered
- 59 Damages in nature of interest
- 60 Interest in proceedings for debt or damages
Division 8--Contempt of court
PART 6--MISCELLANEOUS POWERS
Division 1--Determinations without oral hearing
- 62 Court may determine matter or proceeding without oral hearing
Division 2--Delivery of documents
- 76 Power of Court to order legal practitioner or law practice to deliver bill of costs etc.
Division 3--Assistance of assessors and legal practitioners
Division 4--Proceeding for recovery of land
- 79 Proceeding by landlord if rent is in arrears
- 80 Lessee not to have relief without payment of rent and costs
- 81 Proceeding by landlord against tenant holding over after end of tenancy
- 82 Provisions concerning securities
- 83 Saving of former remedies
- 84 Proceeding for recovery of land by mortgagee
Division 5--Relief from forfeiture
- 85 Relief against forfeiture for non-payment of rent
Division 6--Arrest in pending proceedings
- 86 Arrest on mesne process abolished
- 87 Court may order arrest
- 88 Security to be given by defendant
- 89 Control of the Court
- 90 Making of order to arrest
- 91 Defendant may apply for relief
- 92 Endorsement on order
- 93 Restrictions on execution of order
- 94 Execution on a Sunday
- 95 Privilege from arrest
- 96 Misdescription of defendant
- 97 Costs
- 98 Discharge of defendant
- 99 Date of arrest
- 100 Fees
Division 7--Interest on judgment
Division 8--Wards of Court
- 102 Minors to become wards only by order
Division 9--Quashing by-laws
- 103 Proceeding to test legality of by-laws
PART 7--ASSOCIATE JUDGES AND OFFICERS OF THE COURT
Division 1--Appointments of Associate Judges
- 104 Appointment of Associate Judges
- 104A Pension entitlements of Associate Judges, their partners and children
- 104AB Effect of part-time service arrangement on pensions of Associate Judges
- 104B Election of Associate Judges to commute future pensions for payment of superannuation contributions surcharge
- 104C Actuary's first calculation after election of Associate Judges to commute pensions
- 104D Actuary's second calculation after election of Associate Judges to commute pensions and payment of lump sums
- 104E Election of former Associate Judges to commute pensions for payment of superannuation contributions surcharge
- 104F Actuary's calculation after former Associate Judges' election to commute pensions
- 104G Payment and commutation of pensions of former Associate Judges
- 104H Election of Associate Judges' partners and eligible children to commute pensions for payment of superannuation contributions surcharge
- 104I Actuary's calculation of reduction of pensions of Associate Judges' partners and eligible children
- 104J Payment and commutation of pensions of former Associate Judges' partners and eligible children
- 104JA Entry into part-time service arrangement
- 104JB Variation of part-time service arrangement
- 104JC Termination of part-time service arrangement
- 104JD Associate Judges serving under part-time service arrangement not to engage in legal practice or other paid employment
- 105 Acting Associate Judges
- 105A Acting Senior Master
Division 1A--Reserve Associate Judges
- 105B Appointment of reserve Associate Judges
- 105C Cessation of office
- 105D Chief Justice may engage reserve Associate Judge to undertake duties of Associate Judge
- 105E Powers, jurisdiction, immunities and protection of reserve Associate Judge
- 105F Pension rights and service not affected by being a reserve Associate Judge
- 105G Engaging in legal practice or other paid employment
- 105H Power to complete matters—Associate Judges and reserve Associate Judges
- 105I Constitution of Court in certain circumstances
Division 1B--Appointments of other officers
- 106 Power to employ chief executive officer, prothonotary etc.
- 107 Certain office holders to be deputies
- 108 Powers of deputies
- 109 Appointment of bailiffs and assistant bailiffs
Division 2--Functions of Associate Judges
- 109A Chief Justice responsible for business of Associate Judges
- 110 Functions of the Senior Master
- 111 Functions of Associate Judges
- 113 Common Funds
- 113A Common Fund No. 3
- 113B Senior Master to have certain powers of administrator
Division 2A--Judicial registrars
- 113C Assignment of duties
- 113D Guidelines relating to the appointment of judicial registrars
- 113E Recommendations for appointment of judicial registrars
- 113F Appointment by Governor in Council
- 113G Remuneration and terms and conditions of appointment
- 113GA Validation of certain past superannuation payments—judicial registrars
- 113GB Oath or affirmation of office
- 113H Resignation from office
- 113L Performance of duties by judicial registrar
- 113M Appeal from or review of determination of Court constituted by judicial registrar
Division 2B--Registrar of Court of Appeal and Registrar of Criminal Appeals
- 113N Chief Justice may assign judicial registrar to be Registrar of Court of Appeal and Registrar of Criminal Appeals
- 113O Functions of Registrar of the Court of Appeal
- 113P Functions of the Registrar of Criminal Appeals
Division 3--The sheriff
- 114 Definition
- 115 Functions of sheriff
- 119 Duties on arrest of civil debtors
- 120 Liability for wrongful imprisonment
- 123 Punishment for misconduct
Division 4--General
- 125 Extortion by and impersonation of court officials
- 127 Senior Master and court officials subject to audit for receipt of public money
- 128 Money held under Act may be invested
- 128A Supreme Court—limitation of jurisdiction
- 129 Regulations
- 129A Regulations dealing with transitional matters
PART 8--TRANSITIONALS AND SAVINGS
- 139 Transitional and savings
- 139A Transitional provision
- 140 Transitional provision—Courts and Tribunals Legislation (Miscellaneous Amendments) Act 2000
- 141 Transitional provision—Justice Legislation (Amendment) Act 2005
- 142 References
- 142A Regulations dealing with transitional matters—Courts Legislation Amendment (Associate Judges) Act 2008
- 143 Masters to become Associate Judges
- 144 Pension entitlements
- 145 Pending matters—Taxing Master
- 146 Pending matters—other courts and VCAT
- 147 Power to resolve transitional difficulties in proceedings
- 148 Regulations dealing with transitional matters—Courts Legislation Amendment (Costs Court and Other Matters) Act 2008
- 149 Transitional provisions—Courts Legislation Miscellaneous Amendments Act 2010
- 150 Regulations dealing with transitional matters—Courts Legislation Miscellaneous Amendments Act 2010
- 152 Savings—Open Courts Act 2013
- 153 Transitional—Courts and Other Justice Legislation Amendment Act 2013
- 154 Transitional provisions—Courts Legislation Miscellaneous Amendments Act 2014
- 155 Power to resolve transitional difficulties in proceeding
- 156 Transitional and savings provisions—Justice Legislation Amendment (Family Violence Protection and Other Matters) Act 2018
- 156A Transitional provisions—COVID-19 Omnibus (Emergency Measures) Act 2020 ENDNOTES